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hy88
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Joined: 29 Aug 2009
Posts: 2
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Pauloz
Expert
Joined: 02 Oct 2007
Posts: 1160
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Location: Sydney
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 Posted: Sun Aug 30, 2009 2:52 am Post subject: Re: How can the file of my UC online application be brought |
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| hy88 wrote: | I applied for UC many monthes ago. After I applied, I failed to print the application.
Now I need to bring out the application for an appeal. I can't see my application online. I called the office of UC benefit, and I was told that that they don't have it.
I found on the forum that someone got his application successfully:
"Now my files have been brought out of the purged ones and are accessible."
at the following web site:
http://www.cvtips.com/career_advice_forum/pa-uc-claim-overturned-by-a-past-employer-vt6942.html
How can I my file be brought out? Your help is greatly appreciated! |
hy88
What are the specifics of the appeal?
Is it an employer-related appeal, or a UC-generated appeal?
Does it relate to reporting?
This is what it looks like is happening:
1. There obviously was an application, if you're doing an appeal.
2. They're required to keep statutory records, which naturally includes something as basic as the original application.
3. The audit trail also requires the application be on file somewhere.
4. The other post suggests that it took a while to find the old application, which was "purged" from the system, and was apparently archived.
5. The post also suggests that the person received advice from UC regarding the application, not the application itself, and was based on a wrong decision, clerical error, relating to an employer from 7 years earlier, not the most recent.
So for the other case, they went and dug out the records for their own purposes, but it doesn't look like the person posting got much use of them.
Considerations:
1. You require those records to conduct your appeal. If you don't have them, you can reasonably state you aren't being given a fair chance to defend your interests.
2. UC has an obligation to maintain proper records.
3. This is a relatively rare situation, not many people complain of being unable to access their applications.
4. Seems to be only in PA that this happens.
We can't give legal advice, so this is a personal opinion:
So far you seem to have been seriously disadvantaged by UC processes in terms of exercising your rights.You can't reasonably be expected to conduct a defence on the basis of information which isn't available to you, and which UC doesn't appear to be making any effort to supply. That information must be available, somewhere, and is apparently available to UC, because the appeal has to relate to materials derived from your application, if it's employer related.
Sorry to say this, but I think you'll need a pro bono lawyer to argue your position effectively. It's possible, depending on related laws, to require some information to be provided to the other party in any statutory dispute, but it's a legal process.
You could try an FOI application, but I'm not sure if the time frame, or the PA UC, would be much help. By rights, you should have been able to just ask for this information, because it's an appeal related matter.
I worked in government for years, and none of this looks right, from start to finish. Procedurally, this is pretty amateurish, slapdash, bureaucratic practice. It's called "procedural error", which is a euphemism for an improperly conducted mess, and gets cases thrown out of courts on a daily basis.
To avoid technical jargon: It's not credible or reasonable that you should be unable to access any materials related to a statutory process. This particularly the case when those materials are supposed to be part of statutory records, and when the materials were originally supplied by you, to UC.
You may have a basis for appeal of any subsequent decision in this case, based on this situation alone, which is another good reason for finding a pro bono lawyer. |
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hy88
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Joined: 29 Aug 2009
Posts: 2
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| Posted: Thu Sep 17, 2009 2:41 pm Post subject: |
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Hello Pauloz,
Thank you very much for your response! I was very frustrated since I tried hard and still can't get my original UC benefit application.
This is an appeal for a UC determination. I wanted to check my UC benefit application to see what caused the misunderstanding and wrong determination. I called the UC service center many times and asked for a copy or a record of my UC application. But I was told there is no copy or record. I asked them how the form was filled out. I got different answers each time I called. It looks like not the whole information, but part of what I filled out got archived. This partial information caused the misunderstanding of the UC service center. If I can find the whole application, it will help me to clear up the misunderstanding. |
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